RECORD OF PROCEEDINGS

IN THE MATTER OF:                             DOCKET NUMBER: BC-2021-00716

XXXXXXXXXXXXX                               COUNSEL: NONE

                                                                      HEARING REQUESTED: NOT INDICATED  	 

APPLICANT’S REQUEST

He be retroactively promoted to master sergeant (E-7) for testing cycle 2012E7 (CY12E7) and all retirement paperwork and benefits be adjusted.

APPLICANT’S CONTENTIONS

He was originally ineligible to test for promotion to master sergeant for the CY12E7, CY13E7 and CY14E7 promotion cycles.  The AFBCMR corrected his records in BC-2017-03398 making him eligible for promotion cycles CY12E7, CY13E7 and CY14E7.   

There were negative factors still in his record during the CY15E7, CY16E7 and CY17E7 promotion cycles.  Due to the negative factors in his record, he was not given an opportunity for promotion and it severely impacted his military career.

He also received Promotion Consideration Cycle 12E7 Notification he was rendered a select for promotion.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

On 2 Jul 10, the applicant received a referral enlisted performance report (EPR) for reporting period ending 2 Jul 10 for fitness assessment (FA) failure.  

On 27 Apr 12, the applicant failed his FA and on 21 Jun 12, he was demoted to the rank of staff sergeant (E-5) for FA failure.  

On 26 Feb 17, the applicant applied for voluntary retirement effective 1 Feb 18.  

On 8 May 17, the applicant’s failed FA of 27 Apr 12 was recalculated due to an incorrect measurement of the track and he received a passing score.  The demotion authority restored his rank of technical sergeant.  

On 31 Jan 18, according to Special order No. XXXXXXXXX the applicant was relieved from active duty and on 1 Feb 18, he was retired in the rank of technical sergeant.

On 22 May 19, the Board corrected the applicant’s record as requested in his DD Form 149, Application for Correction of Military Record, dated 14 Jul 17 to show the following: (1) He was not demoted to the rank of staff sergeant (E-5) on 21 Jun 12 but instead retained his rank of technical sergeant with DOR and effective date of 1 May 07.  (2) His EPR with closeout date of 8 Nov 12 reflect a rank of technical sergeant.  (3) He be considered for promotion during cycles CY12E7, CY13E7 and CY14E7, if all other eligibility factors are met.

On 12 Jul 19, according to DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant’s effective date for promotion to technical sergeant was corrected to 1 May 07, from 2 Dec 12.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denying the application.  On 28 Jun 12, the applicant was demoted to staff sergeant for failing his fourth FA on 27 Apr 12.  On 18 May 17, he was notified by his wing commander that the track used for his FA was not measured correctly and he would have passed the cardio portion if the track was measured correctly.  Consequently, the 27 Apr 12 FA was removed and replaced with a “Satisfactory” FA.  The demotion authority also initiated steps to restore his grade of technical sergeant. 

On 14 Jul 17, he requested the AFBCMR remove the demotion action, his rank of technical sergeant be restored and he receive supplemental promotion.  On 5 Feb 18, AFPC, via case management system (CMS), incorrectly notified his military personnel flight (MPF) he was a select for promotion to master sergeant for CY12E7.  On 21 Feb 18, the CMS was correctly updated notifying the MPF the initial score notice was incorrect and that the applicant did not make master sergeant based on the recalculations.  The applicant was considered for promotion by CY12E7 to CY14E7 promotion cycles per BC-2017-03398.  He was rendered a non-select for all cycles and he was provided score notices.  In light of the applicant’s request, a third recalculation for CY12E7 was conducted and the applicant was rendered a nonselect for promotion to master sergeant.  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 Aug 21 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  While it is unfortunate the applicant was incorrectly informed he was a select for the CY12 Master Sergeant Promotion Cycle, the Board finds the administrative error is insufficient to change the applicant’s grade.  Further, it appears the applicant’s records were corrected in accordance with his AFBCMR case, BC-2017-003398, and he was considered for supplemental promotion consideration as the Board directed and in accordance with Air Force instructions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-00716 in Executive Session on 19 Aug 21 and 10 Sep 21:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Directive and Record of Proceedings, dated 30 May 19.  
Exhibit D:	Advisory Opinion, AFPC/DP2SPP, w/atchs, dated 5 Aug 21.
Exhibit E:	Notification of Advisory, SAF/MRBC to Applicant, dated 9 Aug 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.